New Zealand Legislation: Acts

15 Community-based sentence

• (1) If a court is lawfully entitled under this or any other enactment to impose a community-based sentence or a fine, or both, it may impose a community-based sentence only if—

  • (a) the court, in accordance with section 13, does not regard a fine as the appropriate sentence; or

  • (b) the court is not going to impose a fine because of either of the circumstances referred to in section 14.

  (2) This section is subject to any provision in this or any other enactment that—

  • (a) provides a presumption in favour of or against imposing a particular sentence in relation to a particular offence; or

  • (b) requires a court to impose a particular sentence in relation to a particular offence.